How to determine the compensation standard for trademark infringement if the text similarity is very high?
1. The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, it may be determined based on the benefits gained by the infringer due to the infringement; the losses suffered by the right holder or the gains gained by the infringer If the benefit is difficult to determine, it shall be reasonably determined by referring to the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.
2. In order to determine the amount of compensation, the people's court shall determine the amount of compensation when the right holder has tried its best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer. , can order the infringer to provide account books and materials related to the infringement; if the infringer fails to provide or provides false account books and materials, the people's court can determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
3. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits gained by the infringer due to the infringement, and the registered trademark license fee, the people's The court awarded a compensation of less than five million yuan based on the circumstances of the infringement.
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